§432D-26 Genetic information nondiscrimination in health insurance coverage. (a) No health maintenance organization may:
(1) Use an individual's or a family member's genetic information, or request for genetic services, to deny or limit any coverage or establish eligibility, continuation, enrollment, or premium payments;
(2) Request or require collection or disclosure of an individual's or a family member's genetic information; or
(3) Disclose an individual's or a family member's genetic information without the written consent of the person affected, the person's legal guardian, or a person with power of attorney for health care for the person affected. This consent shall be required for each disclosure and shall include the name of each person or organization to whom the disclosure will be made.
(b) As used in this section:
"Family member" means, with respect to the individual, another individual related by blood to that individual.
"Genetic information" means information about genes, gene products, hereditary susceptibility to disease, or inherited characteristics that may derive from the individual or family member.
"Genetic services" means health services to obtain, assess, or interpret genetic information for diagnosis, therapy, and genetic counseling. [L 1997, c 91, §3]
Law Journals and Reviews
Privacy and Genetics: Protecting Genetic Test Results in Hawai`i. 25 UH L. Rev. 449 (2003).
Structure Hawaii Revised Statutes
432D. Health Maintenance Organization Act
432D-1.5 Bona fide trade associations.
432D-2 Establishment of health maintenance organizations.
432D-3 Powers of health maintenance organizations.
432D-4 Fiduciary responsibilities.
432D-5 Annual and quarterly reports.
432D-6 Information to enrollees or subscribers.
432D-8 Protection against insolvency.
432D-9 Uncovered expenditures insolvency deposit.
432D-9.5 Reserve credit for reinsurance.
432D-12 Powers of insurers and hospital and medical service corporations.
432D-14 Suspension, revocation, or denial of certificate of authority.
432D-15 Rehabilitation, liquidation, or conservation of health maintenance organizations.
432D-16 Summary orders and supervision.
432D-18 Penalties and enforcement.
432D-19 Statutory construction and relationship to other laws.
432D-20 Filings and reports as public documents.
432D-21 Confidentiality of medical information.
432D-22 Acquisition of control of or merger of a health maintenance organization.
432D-23 Required provisions and benefits.
432D-23.5 Coverage for telehealth.
432D-23.6 Federally funded programs; exemption.
432D-24 Coordination of benefits.
432D-25 Disclosure of health care coverage and benefits.
432D-26 Genetic information nondiscrimination in health insurance coverage.
432D-27 Policies relating to domestic abuse cases.
432D-28 Federal law compliance.
432D-29 Prohibition on rescissions of coverage.
432D-30 Medication synchronization; proration; dispensing fees.
432D-31 Extension of dependent coverage.
432D-32 Prohibition of preexisting condition exclusions.
432D-33 Prohibited discrimination in premiums or contributions.